PHOENIX PLASTS COMPANY v. STATE LEVEL SINGLE WINDOW CLEARANCE COMMITTEE
WP/41320/2013 · 2025-11-27
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89141 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89141 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49559 WP No. 41320 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 41320 OF 2013 (GM-KIADB)
BETWEEN:
PHOENIX PLASTS COMPANY NO.13 & 14, EASTERN BLOCK, SHOPPING COMPLEX, 4TH BLOCK, JAYANAGAR, BENGALURU – 560 011 BY ITS PROPRIETOR MR. K.PRABHAKAR RAO REPRESENTED BY HIS GPA HOLDER NITHIN PRABHAKAR …PETITIONER (BY SRI RAJESWARA P.N., ADVOCATE) AND:
1. STATE LEVEL SINGLE WINDOW CLEARANCE COMMITTEE 3RD FLOOR, KANIJA BHAVAN (SOUTH BLOCK) 49, RACE COURSE ROAD, BENGALURU – 560 001 REPRESENTED BY ITS SECRETARY. 2. KARNATAKA UDYOG MITRA A GOVT. OF KARNATAKA ORGANISATION, 3RD FLOOR, KANIJA BHAVAN (SOUTH BLOCK) 49, RACE COURSE ROAD,
Digitally signed by NAGAVENI Location: High Court of Karnataka
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BENGALURU – 560 001 REPRESENTED BY ITS MANAGING DIRECTOR. 3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.14/3, 2ND FLOOR, R.P. BUILDING, NRUPATHUNGA ROAD, BENGALURU 560 001. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 4. PATHI PRINTS 48/1, KUDLU, MADIWALA POST HOSUR ROAD, BENGALURU – 560 068 REPRESENTED BY ITS PARTNER. 5. MAHAN SOFTWARE PVT. LTD., NO.60, YADUGIRI WEST, PLOT NO.204, BETWEEN 13TH AND 15TH CROSS, 11TH MAIN, MALLESHWARAM, BENGALURU – 560 003 REPRESENTED BY ITS MANAGING DIRECTOR. 6. NEWGEN SOFTEC 169/49, 6TH CROSS, BAPUJI EXTENSION, CHANDRA LAYOUT, VIJAYANGAR, BENGALURU - 40 BY ITS PARTNER. - 3 -
HC-KAR NC: 2025:KHC:49559 WP No. 41320 of 2013
7. NU-TECH PRASIDDI CONSORTIUM 370, 5TH MAIN, 12TH CROSS, DOLLARS COLONY (HIG), RMV 2ND STAGE, BENGALURU – 560 094 BY ITS MANAGING DIRECTOR. 8. V2 INNOVATIVES PVT. LTD., 8, 1ST FLOOR, 24TH MAIN, 1ST CROSS, J.P. NAGAR, 2ND PHASE, BENGALURU – 560 078 BY ITS MANAGING DIRECTOR. 9. SRI MUKAMBIKA SWITHC GEAR 132, 3RD CROSS, VIDYANAGAR, HOSUR ROAD, BOMMASANDRA, BENGALURU – 560 099 BY ITS PROPRIETOR SMT. R. PREMALATHA. 10. SAHANA INDUSTRIES 77/10, 2ND MAIN, 2ND CROSS, 2ND STAGE, BSK, PADMANABHANAGAR, BENGALURU – 560 070 BY ITS PROPRIETRIX SMT. B. RUPA.
…RESPONDENTS (BY SRI M.RAJAKUMAR, AGA FOR R1 AND R2;
SRI P.V.CHANDRASHEKAR, ADVOCATE FOR R3;
SRI DINESH GAONKAR, ADVOCATE FOR R4;
SRI G.MANIVANNAN, ADVOCATE FOR R5, R6, R9 AND R10;
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SRI NISHANTH A.V., ADVOCATE FOR R8;
R7 SERVED AND UNREPRESENTED)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE 4TH RESPONDENT'S ALLOTMENT LETTER BEARING NO.IADB/16101/5786/06-07, DATED 18.8.2006 VIDE ANNEXURE-AD2 AND THE LEASE-CUM-SALE AGREEMENT DATED 28.6.2008 VIDE ANNEXURE -AD4 PERTAINING TO PLOT NO.285 OF KACHANAYAKANA HALLI SUB LAYOUT, BOMMASANDRA INDUSTRIAL AREA; QUASH THE 5TH RESPONDENT'S ALLOTMENT LETTER BEARING NO.IADB/15528/5797/06-07 DATED 18.8.2006 VIDE ANNEXURE-AE2 PERTAINING TO PLOT NO.286 OF KACHANAYAKANA HALLI SUB LAYOUT, BOMMASANDRA INDUSTRIAL AREA; QUASH THE 6TH RESPONDENT'S ALLOTMENT LETTER BEARING NO.IADB/16318/8055/06-07 DATED 9.10.2006 VIDE ANNEXURE-AF2 AND THE LEASE-CUM- SALE AGREEMENT DATED 7.10.2008 VIDE ANNEXURE-AF4 PERTAINING TO PLOT NO.287 OF KACHANAYAKANA HALLI SUB LAYOUT, BOMMASANDRA INDUSTRIAL AREA; QUASH THE 7TH RESPONDENT'S ALLOTMENT LETTER BEARING NO.IADB/17341/2453/07-08 DATED 24.5.2007 VIDE ANNEXURE-AG2 PERTAINING TO PLOT NO.208 OF KACHANAYAKANA HALLI SUB LAYOUT, BOMMASANDRA INDUSTRIAL AREA; QUASH THE 8TH RESPONDENT'S ALLOTMENT LETTER DATED 18.8.2006 VIDE ANNEXURE-AH2 PERTAINING TO PLOT NO.289 & 290 OF KACHANAYAKANA
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HALLI SUB LAYOUT, BOMMASANDRA INDUSTRIAL AREA;
QUASH THE 9TH RESPONDENT'S ALLOTMENT LETTER DATED BEARING NO.IADB/16016/4472/06-07 19.7.2006 VIDE ANNEXURE-AJ2 AND THE LEASE-CUM-SALE AGREEMENT DATED 3.2.2009 VIDE ANNEXURE-AJ4 PERTAINING TO PLOT NO.291 OF KACHANAYAKANA HALLI SUB LAYOUT, BOMMASANDRA INDUSTRIAL AREA; QUASH THE 10TH RESPONDENT'S ALLOTMENT LETTER BEARING NO.IADB/16015/4471/06-07 DATED 19.7.2006 VIDE ANNEXURE-AK2 AND THE LEASE-CUM-SALE AGREEMENT DATED 9.1.2009 VIDE ANNEXURE-AK4 PERTAINING TO PLOT NO.292 OF KACHANAYAKANA HALLI SUB LAYOUT, BOMMASANDRA INDUSTRIAL AREA; QUASH THE PROCEEDINGS OF THE 63rd MEETING OF THE 1ST RESPONDENT ORDER HELD ON 11.11.2010 ON SUBJECT NO.3.2 RELATING TO THE PETITIONER VIDE ANNEXURE-AN;
DIRECT THE RESPONDENTS 1-3 TO ALLOT AN EXTENT OF 12 ACRES OF LAND IN SURVEY NOS.
111 AND 133 OF KACHANAYAKANA HALLI, 2ND PHASE BOMMASANDRA INDUSTRIAL AREA BY CONSIDERING THE APPLICATION FOR ALLOTMENT DATED 1.6.2005 VIDE ANNEXURES-G, H, J & K.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:49559 WP No. 41320 of 2013
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following prayer: (1) ISSUE a writ in the nature of certiorari to quash:
i) the 4th Respondent's Allotment letter bearing No.IADB/16101/5786/06-07, dated 18.8.2006 (Annexure-AD2) and the Lease-cum-Sale Agreement dated 28.6.2008 (Annexure - AD4) pertaining to Plot No.285 of Kachanayakana Halli Sub Layout, Bommasandra Industrial Area; ii) the 5th Respondent's Allotment letter bearing No.IADB/15528/5797/06-07, dated 18.8.2006 (Annexure-AE2) pertaining to Plot No.286 of Kachanayakana Halli Sub Layout, Bommasandra Industrial Area; iii) the 6th Respondent's Allotment letter bearing No.IADB/16318/8055/06-07, dated 9.10.2006 vide (Annexure-AF2) and the Lease-Cum-Sale Agreement, dated 7.10.2008 (Annexure-AF4) pertaining to Plot No.287 of Kachanayakana Halli Sub Layout, Bommasandra Industrial Area; iv) the 7th Respondent's Allotment letter bearing No.IADB/17341/2453/07-08, dated 24.05.2007 (Annexure-AG2) pertaining to Plot No.208 of Kachanayakana Halli Sub Layout, Bommasandra Industrial Area; v) the 8th Respondent's Allotment letter bearing No. IADB/16165/5784/06-07, dated 18.8.2006 vide (Annexure-AH2) pertaining to Plot Nos.289 & 290 of Kachanayakana Halli Sub Layout, Bommasandra Industrial Area; vi) the 9th Respondent's Allotment letter bearing No.IADB/16016/4472/06-07, dated 19.7.2006 (Annexure-AJ2) and the Lease-cum-Sale Agreement,
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dated 3.02.2009 (Annexure-AJ4) pertaining to Plot No.291 of Kachanayakana Halli Sub Layout, Bommasandra Industrial Area; vii) the 10th Respondent's Allotment letter bearing No.IADB/16015/4471/06-07, dated 19.7.2006 (Annexure-AK2) and the Lease-cum-Sale Agreement, dated 9.1.2009 (Annexure-AK4) pertaining to Plot No.292 of Kachanayakana Halli Sub Layout, Bommasandra Industrial Area;
2. ISSUE a writ in the nature of certiorari quashing the proceedings of the 63rd meeting of the 1st Respondent
order held on 11.11.2010 on subject No.3.2 relating to the petitioner as per Annexure-AN;
3. ISSUE a Writ of Mandamus directing the Respondents 1- 3 to allot an extent of 12 acres of land in Survey Nos.111 and 133 of Kachanayakana Halli, 2nd phase Bommasandra Industrial Area, by considering the application for Allotment dated 1.6.2005 (Annexures-G, H, J & K); and
4. PASS such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case, including an
order as to costs, in the interest and justice and equity.”
2. Heard Sri Rajeshwara P.N., learned counsel for petitioner, Sri M. Rajakumar, learned Additional Government Advocate for respondent Nos.1 and 2, Sri P.V.Chandrashekar,
learned counsel for respondent No.3, Sri Dinesh Gaonkar,
learned counsel for respondent No.4, Sri G. Manivannan,
learned counsel for respondent Nos.5, 6, 9 and 10, Sri Nishanth A.V., learned counsel for respondent No.8.
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HC-KAR NC: 2025:KHC:49559 WP No. 41320 of 2013
3. Learned counsel appearing to the petitioner submits that he would now give up the prayer with regard to the allotment that he has sought for, but would restrict only to prayer No.3, which is seeking a direction to consider the representation of the petitioner for suitable allotment. He would submit that the application of the petitioner had been cleared by the Single Window Clearance and was waiting for an allotment at the hands of the Board.
4. Sri P.V. Chandrasekhar, learned counsel representing respondent No.3 - the Board submits that the allotment that the petitioner is seeking has already been allotted to another entrepreneur.
5. In that light, I deem it appropriate to dispose the subject petition, reserving liberty to the petitioner to submit a representation to the Board, or consider a representation qua prayer No.3, if the plots are still available today and not allotted to someone else. The Board shall consider the application in accordance with law and pass necessary orders. In the event the plot that the petitioner seeks at prayer No.3 is already allotted, the petitioner would be at liberty to submit a fresh
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representation seeking appropriate allotment, which shall be considered in strict consonance with law. In the event such a representation is made, the Board shall consider the application / representation of the petitioner, in accordance with law.
6. With the aforesaid directions, the writ petition stands
disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 47